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Full text of "USPTO Patents Application 10750693"

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Application Serial No. 10/750,693 

Amendment dated October 20, 2005 

Reply to Office Action dated August 1, 2005 

REMARKS 

Claims 1-34 are pending. Claims 7-9 and 17-23 have been allowed. Claims 31-34 have 
been cancelled. 

The Examiner rejected Claims 1-3 under 35 U.S.C. § 103(a) as being obvious over U.S. 
Patent No. 6,148,635 to Beebe et al. ("Beebe '635") in view of U.S. Patent No. 6,393,853 to 
Vukovic et al. ("Vukovic '853") or in view of U.S. Patent No. 6,729,383 to Cannell et al. 
("Cannell 383"). In response to the Examiner's rejection, independent Claim 1 has been 
amended. Amended independent Claim 1 defines a refrigeration system module for heating and 
cooling an object requiring, inter alia, a first heat exchanger having a first surface, a second heat 
exchanger having a second surface, and at least one attachment feature disposed on the module 
wherein the attachment feature is attached to the object to be heated or cooled thereby securing 
the object in thermal communication with the first and second surfaces. The Examiner relies on 
Vukovic '853 and, in the alternative, Cannell '383, as disclosing the attachment feature required 
in independent Claim 1. However, neither the attachment feature of Vukovic '853 or Cannell 
'383 is attached to the object to be heated or cooled. 

Vukovic '853 discloses a cooling apparatus comprised of metal cold plates 1 10 and 120, 
shown in Fig. 2 A, positioned on both sides of electronic module 50, which is the object to be 
cooled. Cooling plates 110 and 120 of module 50 are positioned within shelf unit 20, shown in 
Fig. 4A, independent of each other. Tightening of clamps 132 and 134 allow for cold plates 1 10 
and 120 to be in thermal communication with module 50. However, cold plates 110 and 120 are 
not attached to module 50. This is further evidenced by the fact that when cold plates 1 10 and 
120 are in the released position, module 50 is readily removable from the shelf unit (col. 2, lines 
19-23). 

Cannell '383 discloses electronic components 48, shown in Fig. 1, as the object to be 
cooled. Modular housing 50 covers device base plate 57 upon which electronic components 48 
are positioned. Modular housing 50 is then attached to manifold 33 via bolts through holes 54 
and 56, placing electronic components 48 in thermal communication with cooling fluid 42. 
However, modular housing 50 is not attached to the electronic components 48. 

For the foregoing reasons, Applicant respectfully submits that independent Claim 1, as 
well as Claims 2-6 which depend therefrom, are not obvious over Beebe '635 in view of Cannell 
'383 or in view of Vukovic '853. 



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Application Serial No. 10/750,693 

Amendment dated October 20, 2005 

Reply to Office Action dated August 1, 2005 

The Examiner rejected Claim 10 and Claims 13-16 under 35 U.S.C. § 103(a) as being 
obvious over Beebe '635 in view of Cannell '383 further in view of U.S. Patent No. 6,687,122 to 
Monfarad ("Monfarad 122"). Independent Claim 10 defines a refrigeration system module 
requiring, inter alia, a frame, a heating plate, a cooling plate, an expansion device, and a hermetic 
compressor assembly, the compressor assembly being disposed between the heating and cooling 
plates. 

The Examiner relies on Monfarad 122 for the disclosure of the hermetic compressor 
assembly. While Monfarad '122 discloses a hermetic compressor assembly, the compressor 
assembly of Monfarad '122 is located adjacent to the condenser and evaporator of the invention. 
Additionally, Monfarad '122 teaches away from combining a hermetic compressor with the 
compact refrigeration systems of Beebe '635 or Cannell '383. A disclosed advantage of 
Monfarad '122 is that the system is "compact" (col. 3, line 49) and can be sized to "fit within a 
rack unit of a conventional computer server or a telecommunications rack." (col. 9, lines 6-7). 
Placement of the compressor between the heating and cooling plates would necessarily require 
increasing the distance from one heat exchanger to the other. This increase in distance from 
evaporator 614 and condenser 620, shown in Monfarad '122 Fig. 8, would increase the size of the 
unit preventing it from fitting within several of its desired applications. Accordingly, a person 
having ordinary skill in the art would recognize from the figures and disclosure the intended 
application of Monfarad '122. Such recognition by a person having an ordinary skill in the art 
creates a disincentive to place the hermetic compressor between the heat exchangers. 

Advantageously, the placement of the hermetic compressor between the heating and 
cooling plates allows for the heating and cooling plates to occupy substantially all of an exterior 
side. This allows for not only better utilization of the available exterior surface, but also 
facilitates a more efficient transfer of thermal energy. 

Moreover, independent Claim 10 requires, inter alia, that the heating plate, cooling plate, 
expansion device, and compressor assembly are all fixed to the frame. The Examiner relies on 
Cannell '383 for disclosing the required frame. However, assuming, arguendo, that Cannell '383 
discloses a frame, Cannell '383 contains only an evaporator and hence, does not contain the 
additional limitations required in independent Claim 10. 

For the foregoing reasons, Applicant respectfully submits that independent Claim 10, as 
well as Claims 11-16 which depend therefrom, are not obvious over Beebe '635 in view of 
Cannell '383 and further in view of Monfarad '122. 

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Application Serial No. 10/750,693 

Amendment dated October 20, 2005 

Reply to Office Action dated August 1, 2005 

The Examiner rejected Claims 24, 28, 31, and 34 under 35 U.S.C. §102(b) as being 
anticipated by Beebe '635. Dependant Claim 25, which the Examiner indicated is allowable, has 
been canceled and the limitations of dependant Claim 25 have been added to independent Claim 
24. Applicant respectfully submits that amended independent Claim 24, as well as Claims 26-30 
which depend therefrom, are now in condition for allowance. 

It is believed that the above represents a complete response to the Official Action and 
reconsideration is requested. Specifically, Applicant respectfully submit that the application is in 
condition for allowance and respectfully requests allowance thereof. 

In the event Applicant has overlooked the need for an additional extension of time, 
payment of fee, or additional payment of fee, Applicant hereby petitions therefore and authorizes 
that any charges be made to Deposit Account No. 02-0385, Baker & Daniels. 



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Application Serial No. 10/750,693 

Amendment dated October 20, 2005 

Reply to Office Action dated August 1, 2005 



MATTHEW B. SKAGGS. REG. NO. 55,814 



Should the Examiner have any further questions regarding any of the foregoing, the 
Examiner is respectfully invited to telephone the undersigned at (260) 424-8000. 

Respectfully submitted, 



Matthew B. Skaggs 
Registration No. 55,814 

Attorney for Applicant 



MBS/mt 

BAKER & DANIELS LLP 
1 1 1 East Wayne Street, Suite 800 
Fort Wayne, IN 46802 
Telephone: 260-424-8000 
Facsimile: 260-460-1700 

Enc. Return Postcard 



CERTIFICATION OF MAILING 

I hereby certify that this correspondence is being 
deposited with the United States Postal Service as First 
Class Mail in an envelope addressed to: Commissioner for 
Patents, P.O. Box 1450, Alexandria, VA 22313-1450, on: 
October 20, 2005 



Name of Registered Representative 
Signature 

October 20, 2005 

Date 



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